What Is Islamic Humanitarianism? An Indonesian Experience

Volume 33 The Korean Journal of Humanitarian Law 특별기고 What is Islamic Humanitarianism? An Indonesian experience Zezen Zaenal Mutaqin State Islamic University (UIN) Jakarta 目次 Ⅰ. Introduction Ⅱ. Doctrinal References Ⅲ. Relevant circumstances Ⅳ. Contemporary development in Indonesia Ⅴ. Conclusion 62 인도법논총 33호 What is Islamic Humanitarianism? An Indonesian experience Zezen Zaenal Mutaqin, SH.I, LL.M Ⅰ. Introduction What is sometimes broadly referred to as “Islamic humanitarianism” has gained considerable visibility in the landscape of humanitarian field over the last ten years, not only because the majority of aid is delivered to Muslim countries1) but also because humanitarian agencies, be they official bodies or civil society organizations, have notably proliferated in the Muslim world. However, despite the growing influence of such organizations in the field and on the public opinion, there is still an obvious lack of clear definitions and understandings of the set of concepts it sets into motion and the way they interact with more established norms of humanitarian action as developed in existing legal instrument. This has caused confusion, sometime reciprocal mistrust, among observers and members of the humanitarian community, especially since the tragic events of 9/11. Islamic humanitarianism has been at times confused with Islamic radicalism, or associated with Islamic proselytism and gained bad image in non-Muslim world2). On the other hand Muslim activists frequently denounce an hegemonic international system whereas fundamental Islamic values of universal ambit are simply written off as legitimate inspirational material. Indeed some clarity would be welcomed. The mere utterance of “Islamic humanitarianism” is somehow unclear as a contradictio in terminis begs the question of knowing if it is possible to be humanitarian and Islamic at the same time 1) Masood Hyder, Humanitarianism and the Muslim World, The Journal of Humanitarian Assistance, 22 August 2007 accessed from http://sites.tufts.edu/jha/archives/52 at 12 january 2012 2) Jonathan Benthal, The Overreaction against Islamic Charities, ISIM Review (2007) 20, p. 6 What is Islamic Humanitarianism? An Indonesian experience 63 when the word ‘humanitarian’ means “concerned with or seeking to promote human welfare”3). After all human-being, regardless their races, colours, nations and religions, are the exclusive focus of humanitarian activities. Humanitarian also frequently understood as “an ethic of kindness, benevolence and sympathy extended universally and impartially to all human beings4)”. Then attaching “Islamic” to the word “Humanitarian” functions as a limit to its universality. So what it does means? Does it means that the kindness, benevolence and sympathy is to promote umma welfare only (the welfare of fellow Muslims)? Or, does it mean that an ethic of universal humanitarianism is rooted in Islamic teachings? This paper is designed for Korean readers as an introduction to clarify this question in a complex environment. To do that, it will explore relevant Islamic doctrinal references as well as relevant circumstances illuminating the rise of Islamic humanitarianism such as philosophical debate on universalism versus culturalism in humanitarian field and the counter hegemony sentiment. Based on this background this paper will then look at the contemporary development of Islamic humanitarianism in Indonesia as a case study. Ⅱ. Doctrinal References 1. Doctrine of charity Humanitarian act is part of essential creeds for Muslims. In fact, it is the thirs of the five pillars of Islam: shahadah or profession of faith, five time prayers (shalat), obligatory almsgiving (zakat), fasting during Ramadhan (shaum) and Hajj (pilgrimage to Mecca once in a lifetime for every Muslim who is physically and financially capable of doing so). In the Al-Qur’an, obligatory 3) Definition of humanitarian as it refers to oxford online dictionary, accessed from http://oxforddictionaries.com/definition/english/humanitarianat10January2012 4) I use popular definition of humanitarianism purposively. This definition taken from Wikipedia at http://en.wikipedia.org/wiki/Humanitarianism. This broad definition is more suitable to our current discussion. Various definitions of humanitarianism can be found everywhere. David Rieff, for example, proposes limited definition of humanitarianism as “independent, neutral and impartial provision of relief to victim of conflict and natural disaster.” Despite various definition of humanitarianism, the essence of humanitarianism is to save live at risk and to reduce suffering. See Michael Barnet and Thomas G. Weiss (eds), Humanitarianism in Question, Politics, Power, Ethic (2008) p. 10-11 64 인도법논총 33호 almsgiving (zakat) is repeatedly mentioned in the same phrase mentioning prayer to God5). By binding it together, Al-Qur’an clearly emphasis that the obligation towards God are instantly followed with the duty to take care of fellow human beings. Zakat literally means to purify. It is “the portion of a man’s wealth which should be given for the poor” for the purpose of economic prosperity6). This obligatory charity falls into two categories: individual almsgiving (zakat al-fitry) and wealth almsgiving (zakat al-mal). Small amount of obligatory individual almsgiving must be fullfiled during the holly month of Ramadhan while the wealth almsgiving payable is 2,5% of the wealth per year with the requirement that the wealth reaches a certain threshold called nisab (it is estimated as equal to the price of 85 grams of gold at the world price)7). Thus, according to Islam, Muslims must purify themselves and their wealth by transferring some amount of their wealth to the poors and needy people. In addition to this obligatory charitable contribution, Islamic doctrine also mentions sadaqah or voluntary contribution in which Muslims may donate any amount of their wealth at any time. Interestingly, according to hadith (the Prophet Muhammad tradition), the form sadaqah can take are not only material but also non quantitative forms of giving like providing expertises, knowledge, supports or even “smile”. Prophet Muhammad says that Your smile to your fellow brothers is sadaqah (chartable act)8). Waqf, or religious endowment, is the most common form of voluntary charity. Waqf is usually given in the form of land or property endowed for charitable purposes like for education, orphanage, micro finance and many others9). Last but not least, 5) For brief and good introductory work on the key concepts of Islam, see for example Oliver Leaman and Kecia Ali, Islam, the key Concepts (2008). For discussion on zakat, see p. 19 6) Sayyid Sabiq, Fiqh as-Sunnah, Vol III(1991) p. 1 7) There is another 10% for the agricultural wealth if the land is from natural irigation or 5% if it irrigated by artificial or man-mad irrigation. Ibid 8) Complete hadits says: ‘Your smile to your brother is a sadaqah (charitable act) for you. Your commanding the right and forbidding the wrong is a sadaqah. Your guiding a man in the land of misguidance is a sadaqah for you. Your seeing (showing the way) for a man with eyesight is a sadaqah for you. Your removing a stone or thorn or bone from the road is a sadaqah for you. Your emptying your bucket of water into your brother’s (empty) bucket is a sadaqah for you’ See Muhiddin Yahya An-Nawawi, Hadits Arbain An-Nawawiyah, Hadits 31 9) There are a lot of studies on waqf since this type of charity has became the backbone of Islamic development in the past and also present. See for example Peter C Hennigan, The Birth of Legal Institution, The Formation of Waqf in Third Century A.H, Hanafi Legal Discourse (2004), Mariam Hoexter, Waqf Studies in the Twentieth Century: the State of the Art, Journal of the Economic and Social History of the Orient (1998) 41 (4) What is Islamic Humanitarianism? An Indonesian experience 65 Islamic doctrine also mentions other act of voluntary charity called infaq which is means give something to please God. In practice, Muslims usually differentiate only two type of charity: obligatory and voluntary. In the Muslim world, since the beginning of Islam, governments are taking some responsibility, together with civil society, in collecting and managing this type of religious charity (mainly is the obligatory charity). During the first century of Islam, for example, Abu Bakar, the first Muslim caliph after the Prophet Muhammad passed away, instructed his army to fight against people from a number of tribes who refused to pay zakat. In the modern era, as can be seen from Turkey to Egypt to Indonesia, governments have established special agencies managing zakat. Governments’ involvement in collecting and channelling zakat does not only stems from the moral duty to support their citizen in fulfilling a religious obligation but also, more prosaically, because of the huge amount of economic resource involved. As an illustration, in Indonesia, zakat potential from various sources is approximately 217 trillion rupiah annually, which is equal to 3.4% of its 2010 GDP10) In the early period of Islam, zakat was the source of state revenue just like tax in the modern time. Since the prevalence of modern tax system, zakat no longer represented the primary state revenue and its management has been taken over with varying success by civil society outfits11). In Pakistan zakat is incorporated into government tax system while in Indonesia, state-sponsored agency was created in addition to the enactment of zakat law allowing private bodies also to collect and channel alms giving. However, generally speaking, tax and zakat are regarded as two different entities whereas tax is closely associated with state revenue while zakat is supposed to be the main source of finance for charity managed by civil society. 2. as-Siyar Implicit in the description above is the understanding that the main purpose of all humanitarian actions and charity is to help others and to alleviate their suffering during normal times as well as 10) Muhammad Firdaus, Irfan Syauqi Beik, Tonny Irawan, Bambang Juanda,Economic Estimation and Determinations of Zakat Potential in Indonesia,IRTI Working Paper Series (2012) 11) Jonathan Benthal, Humanitarianism and Islam after 11 September, HPG Report (2003) 14, p. 39 66 인도법논총 33호 during emergencies. But Islamic doctrine also edicted a set of rules with regard to the act of war and the conduct of hostilities. which the main purpose is to minimize unnecessary victim and to alleviate suffering during conflicts Throughout the history, Muslim legal scholars have elaborated what is now sometimes called “Islamic international humanitarian law” known in classical literature as as-siyar 12). This jurisprudential branch covers not only the topics dealt with in the modern time by International Humanitarian Law, but also edicts rules governing the relation between Islamic state and other states during peace or war13). It thus includes rules and regulations concerning the resort to war (jus ad bellum) just as Human Rights Law. However, in its development, as-siyar tended to focus more on the law of wars (Jus in Bello). Some Muslims jurists use term fiqh jihad (law of jihad) or fiqh qital (laws of war) in association with as-siyar. From historical point of view, this development should not come as a surprise. Since its birth in th Mecca in the 6 century AD, Islamic world had interacted with other major civilizations like Roman and Persian Empire. Within 100 years, Islam had reached Spain and Iran. This expansion had been carried out through peaceful process as well as military operations. It is then all but normal that Muslim scholars worked to established a set of ‘military code of conducts’ to be followed by troops during their military operations. It is beyond the purpose of this paper to dwell into detail discussion on Islamic international humanitarian law (IIHL). But let me sketch briefly the main topics covers by as-siyar. If we see to the table of content of a classical book such as Kitab Al-Siyar Al-Saghir (Shorter Book on Muslim International Law) written by Muhammad Al-Shaybani (749-804)14) the following topics are 12) Some journal articles can be referred for those who interested to know more about this. See for example, Sheikh Wahbeh al-Zuhili, Islam and international law, International Review of the Red Cross (2005) 87 (858), Karima Bennoune, As-Salamu ‘Alaykum? Humanitarian Law in Islamic Jurisprudence, Mich. J. Int’l L (1993-1994) 15, pp. 605-643, James Cockayne, Islam and International Humanitarian Law: From a Clash to a Conversation between Civilizations, International Review of the Red Cross International Review of the Red Cross (2002) 84 (847) pp. 597-626, Muhammad Munir, Suicide Attacks and Islamic Law, International Review of the Red Cross (2008) 90 (869) pp. 71-89, Muhammad Munir, Debates on the Rights of Prisoners of War in Islamic Law, Islamic Studies (2010) 49 (4) pp. 463-492, Muhammad Munir, The Layha for the Mujahideen: an analysis of the code of conduct for the Taliban fighters under Islamic Law, International Review of the Red Cross, (2011) 93 (881) pp. 81-102, Matthias Vanhulle busch, Islamic Lawe and the Responsibility to Protect, HR&ILD (2010) 2 pp. 191-209, Ameur Zemmali, Imam Al-Awzai and his humanitarian ideas, International Review of the Red Cross (1990) 30 (275). 13) See Zafar Ishaq Anshari, Foreward in Al-Shaybani, Muslim International Law Kitab Al-Siyar Al-Saghir (the Shorter Book of Muslim International Law) (1998) p. x-xii What is Islamic Humanitarianism? An Indonesian experience 67 included: instruction of Holy Prophet about the conduct of war, rules on the protection of non-combatant, the treatment of the prisoners of war, the prohibition of warlike operation during sacred months, treatment of disbelievers, acquisition of property, peace reconciliation and armistice among rulers, injunctions about the apostates, treatment of the rebels and management of booty15). These topics also found almost everywhere in every classical books of lslamic law. To give a quick taste of what Islamic doctrines say about the law of wars, let me quote here one well known saying of the Prophet: “Fight ye all in the path of God and combat those who do not believe in the path of God. Yet never commit breach of trust, nor treachery, nor mutilate anybody nor kill any minor or woman. This is the demand of God and the conduct of His Messenger for your guidanc e”16) Modern international humanitarian law recognise that Islam is among civilizations that provide important sources for the development of major international humanitarian law instruments. Ⅲ. Relevant circumstances 1. Counter Hegemony These normative doctrinal references are revisited again and again by Muslim humanitarian organisations and actors who drew inspiration from them in what scholars billed the Islamic resurgence. We have to bear in mind that in the Muslim world, the resurgence was mainly trigered by the military defeat of the Arab world in the war against Israel in 196717). It was the time when the Muslim world realized their weakness, backwarness and because of that reform is necessary for their awakening. Then happened Iranian Revolution in 1979 that, despite its controversies, has become an inspiration for the reformation of the Muslim World. The reform movements, in fact, 14) Ibid 15) Ibid 16) Imam Shaukani, Nail al-Awtar, Ansar Al-Sunah Al-Muhammadiya, n.d Vol 7 p. 246, Quoted from Muhammad Munir, Suicide Attacks and Islamic Law, International Review of the Red Cross (2008) 90 (869) p. 83 17) Jonathan Benthal, above n. 2, p. 6 68 인도법논총 33호 was started since the colonisation era where almost all part of the Muslim world was ocuppied by the West. The rise of Islamic humanitarianism cannot be separated from the sentiment of counter hegemony against the West18). This sentiment, as imply above, is frequently rooted in the Crusades and then the colonisation era. At the core of this counter hegemony lies the call to draw lessons from past failures by purifying Islam and using Islamic teachings as the primary sources for an awakening to match the West. As this explanation goes the main reason behind Muslims societies backwardness is to have gradually strayed from essential Islamic teachings. Thus, Islamization, in different aspects of life, including in the humanitarian field, should be understood in this historical narrative. It becomes an overarching explanation that applies evenly from the field of science where we find a variety of ‘Islamic’ science like Islamic sociology, Islamic banking, Islamic finance, Islamic medicine to the field of political and social activities where we find Islamic NGOs, Islamic parties, Islamic courts. As they grow in importance some of these structures gradually engage in an objective and critical approache in their line of work while others remain apologetic in nature. Parallel to the mood of counter hegemony, traditional pattern of charity flowing from the North to the South, are now being contested. Petrodollar countries such as Saudi Arabia have initiated the foundation of international humanitarian organisations like IIRO (International Islamic Relief Organisations) in 1970 and now operate almost in every Muslim countries. London based-Muslim humanitarian organisation, Islamic Relief has established their office in more than 30 countries. Muslim Aid is another big player with around 70 branches in the World. IHH, one of the biggest Turkey-based humanitarian NGO, is worth mentionning for their wide scope of activities and very dynamic role in the delivery of humanitarian aid19). Besides these examples, there are thousand Muslim humanitarian organisations ranging from small scale local outfits to the international level across the Muslim world. One symptomatic phenomena illustrating this sentiment was the establishment of the “Islamic Committee of International Crescent”, or ICIC, in 1982, during the 13th Organisation of Islamic 18) See Masood Hyder, above n 1, p. 1 19) See http://www.ihh.org.tr/hakkimizda/en What is Islamic Humanitarianism? An Indonesian experience 69 Conference (OIC) meeting in Niger. Whether the name of ICIC was intentionally chosen for its phonetic proximity to the ICRC20) remain in question. But anyone can easily sense the taste of counter hegemony and rivalry to a perceived Western-established system embodied in the International Movement of the Red Cross and Red Crescent. With the arrival of these new players, the values underpinning humanitarian activities are, to some extent, being gradually challenged and, possibly, reshaped. Whether these new players, growing in operational surface and gradually engaging in coordination mechanisms, will impact an established system from within, or whether they will build an alternative “humanitarian order” is yet a big question for the next decade of humanitarian work, but there is no doubt that they already have profundly affected the landscape of aid organizations21). 2. Universal versus Cultural relativism In the field of human rights this debate has centered on the question of knowing whether human rights doctrine and instruments, product of the western liberal tradition, have a universal value that overrule local culture. In this regard, international human rights and local culture are often seen as two opposite entities. A number of socially accepted rules and teachings, concerning woman rights most prominently, and other Asian values are regarded as incompatible with human rights. Taking a position in this debate, Asian countries and the Muslim World finally came up with their own culturally-based interpretation and implementation of human rights as visible, for example, in the ASEAN Declaration of Human rights22) or Universal Islamic Declaration Human Rights (UIDHR). 20) General report on the Islamic Committee of the International Crescent, accessed from http://ktp.isam.org.tr/pdfdkm/13/dkm131177.pdfat11February2013 21) For a very interesting discussion on this issues, see Marie Juul Petersen, For humanity or for the umma? Ideologies of aid in four transnational Muslim NGOs (2011) accessed from http://www.diis.dk/graphics/_staff/mape/marie%20juul%20petersen%20%20for%20humanity%20or%20for%20 the%20umma%20.pdfat10February2013 22) See http://www.asean.org/news/asean-statement-communiques/item/asean-human-rights-declaration. Article 7 says “... At the same time, the realisation of human rights must be considered in the regional and national context bearing in mind different political, economic, legal, social, cultural, historical and religious backgrounds” This article has been criticized since it give a chance for state to violate human rights abuse based on cultural and political reason. 70 인도법논총 33호 Some scholars have tried to find solution to this antagonism by proposing the concept of dialogue23) or other approaches like the newest concept called “the receptor approach project” to human rights by Professor Tom Zwart24). A conference organised by the Australian National University recently discussed on “Culture and Humanitarianism: a perspective from the Asia Pasific”25). This conference tried to answer two fundamental questions: “to what extent do different cultures share similar understandings of humanitarianism? How do diverse and varied understandings of humanitarianism inform the way distinct societies and cultures respond to humanitarian imperatives and challenges?”26). Islamic humanitarianism is a clear example of how particular culture shape its understandings of humanitarianism and this debate is still unresolved so far. In the field of international humanitarian law, the conditions seems more conducive as the cultural gap is not as wide as in Human Rights in general. Many legal scholars observe, for example, that there are no fundamental differences between Islamic law and modern international humanitarian law. Both legal systems share a lot of similarities despite minor differences. However, cultural expressions are still strongly felt. 3. Proliferation of FBOs Using religious values and doctrines as a reference or impulse for humanitarian actions is not a uniquely Muslim phenomenon. The value of charity and humanity is an essential part of all major 23) Abdullahi Ahmad An-Naim is one of the leading scholars who focus on dialogue of Islam and IHR. See for example Abdullahi Ahmad An-Naim, Islam and the Secular State, Negotiating the Future of Shari’a (2008), introductory paper on An-Naim’s projects can be found at Mashood A. Baderin, Abdullahi An-Na'im’s Philosophy on Islam and Human Rights, SOAS Research Paper, No. 10, 2010. 24) This project is close to what An-Na'im proposed with a minor modification. Tom Zwart argues that Eastern and Southern culture can contribute to the implementation of human rights obligation. ‘Home grown remedy’ for him, could be much more effective than imported one (from the west). If there are some contradiction, he propose ‘amplification’ where new elements must be added to the existing local culture and institution rather that attempting to replace it with Western-centered solution’. See Tom Zwart, Using Local Culture to Further the Implementation of International Human Rights: the Receptor Approach, Human Rights Quarterly (2012) 34 (2) pp. 546-569 25) Miwa Hirono and Jacinta O’Hagan (eds), Cultures of Humanitarianism: Perspectives from the Asia-Pacific (2012). Available at http://ips.cap.anu.edu.au/ir/pubs/keynotes/documents/Keynotes-11.pdf, accessed at 6 February 2013 26) Ibid. What is Islamic Humanitarianism? An Indonesian experience 71 religions, including Judaism, Christianity, Hinduism and Budhism. In Judaism, for example, term tzedekah—pararel with sadaqah in Islam—that means charity, is central to the faith. In Hinduism, seva which means ‘to help’ or ‘to service’ regarded as an expresion of human spirituality. Modern humanitarian system and organisations in the West, including the International Committee of the Red Cross (ICRC) and international humanitarian law, have roots in the Judeo-Christian traditio n27). However, in ulterior developements, some organisations continue to preserve religious references and afiliates with particular religious institutions while others, adopting a code of conduct based on universal principles, have choosen to separate from any religious affiliation. Humanitarian organisations preserving their afiliation with a particular religion are frequently called faith-based organisations (FBO). Practically speaking, FBO usually refers to “any organisation that derives inspiration and guidance for its activities from the teaching and principles of faith”28). In addition, it is usually, on the one hand, connected with religious institutions like churces or mosques while, at the other hand, also openly state religious mission. With regard to the source of fund, FBO mostly rely on religious donation and charity or are supported fianancially by wealthy religious institution29). In the case of Islam, zakat, infaq and shadaqah are the primary source of donations. FBOs share with secular humanitarian organisations an interest in humanitarian action. It has frequently a tremendous role in helping vulnerable people using a grass-root network of mosques and churches that facilitate access to the field. Examples abound in Africa or Indonesia. However, inherent within the dual nature of FBOs is the challenge to balance between purely humanitarian aid and interest of religious propagation. The reality shows a mix record with some FBOs strictly following a neutral an impartial line of behaviour along the Code of Conduct of The International Red Cross and Red Crescent Movement while others have been obeserved heavily mixing evangelical or da’wah (Islamic missionary) activities in the process of delivering humanitarian 27) See James Cockayne, Islam and international humanitarian law: From a clash to a conversation between civilization, International Review of the Red Cross (2002) 84 (847) p. 601, Elizabeth Ferris, Faith and Humanitarianism: It’s Complicated, Journal of Refugee Studies (2011) 24 (3) p 68. 28) Clarke and Jenning, quoted from Elizabet Ferris, ibid, p. 607 29) Ibid 72 인도법논총 33호 aid30). In the Indonesian context to which we now turn, Muslim charity organisations are in the midst of negotiation to resolve the agenda of islamism and humanitarianism. Ⅳ. Contemporary development in Indonesia Indonesia, with around 250 million citizens, of which 85% are Muslims is the largest Muslim country in the world. Following its democratic transition and backed by a strong economic growth, Indonesia plays an important role in the region and has the ambition to promote its original model in the rest of the world, especially in Muslim countries. Sitting on the ring of fire Indonesia is prone to emergency situations caused by natural disasters such as tsunami, earthquake, volcano eruption as well as flood and lanslide. In response to that, Islamic organizations have long since organized humanitarian operations, more so since the tsunami struck Sumatra in 2004 causing huge devastation and killing more than 200.000 people. In addition to that, crisis of global concern such as Israeli-Palestinian conflict or racial tension in Rakhine region in Myanmar have motivated these organizations to make their international debut. The practice of charity in an institutionalized form, actually, has been part of Indonesian Islam long before the independence. Muhammadiyah, founded in 1912, has started its mission by providing varied social services like free education and healthcare. This modernist organization, established by Ahmad Dahlan in Yogyakarta, is the second biggest mass organization in terms of followers (around 30 million members) but it is the largest when it comes to providing social services. It runs and governs around 10.000 schools from kinder garden to university, 457 hospitals and clinics, thousands of mosques and hundreds of orphanages31). Other organizations, most importantly Nahdlatul Ulama (NU), Persis and Al-Irsyad, are echoing similar social concerns with extensive medical and educational networks32). 30) Elizabet Ferris, Faith-based and secular humanitarian organisations, International Review of the Red Cross (2005) 87 (858) p. 319-323 31) Republika 13 November 2013, accessed from http://www.republika.co.id/berita/kolom/resonansi/12/11/12/mddslk-100-tahun-muhammadiyah-1 at 7 February 2013 32) For a comprehensive discussion on the latest development of Indonesian Muslim charity, See Hilman Latief, Islamic Charity and Social Activism, Welfare, Da’wah and Politics in Indonesia (2012) p. 3 What is Islamic Humanitarianism? An Indonesian experience 73 Until now however, human suffering caused by armed conflicts or situation of violence in neighboring countries such as in Mindanao or in Southern Thailand, as well as inside Indonesia, like in Papua, almost never became a serious concern for Indonesian humanitarian organizations and remained almost forgotten among scholarly circles. One of the reason being probably the relatively small scale of conflicts in this region that does not reach the level of humanitarian crisis. I will now try to illustrate the doctrinal reference and alternative views developed above by giving an overview of recent developments of the humanitarian scene in the Indonesian context. I will pay attention mostly to leading and emblematic organizations such as Muhammadiyah, Dompet Dhuafa (DD), as well as Mer-C and BSMI. 1. Zakat and the universality of aid Departing from traditional charity managed by individuals like kyai (Islamic spiritual leader in Indonesia) or by mosques as seen before the mid 1990s, humanitarian NGOs now utilize modern fundraising system in managing religious charity. Instead of coming personally comes to a kyai and give some amount of money for zakat, people now can simply open the web and submit their zakat through online billing system or even through SMS. Eye-catching and colourful banners festooning the cities urge people to contribute with sadaqah or zakat for different causes. Commercial for zakat are broadcast on nation-wide media such as TV stations and newspapers. This modernized mechanism of an old religious duty contributes around 70 to 80% to the budget of an organisation like Dompet Dhuafa (DD) and Rumah Zakat33). With the spawn of marketing campaign we witness not only a competition among NGOs for fundraising but also a huge pool of financial resources. Zakat, infaq, sadaqah and hibah potentially amount to a reserve of 217 trillion rupiah34). The total amount of donation collected by registered charity organisations, according to BAZNAS (the National Zakat board), a state33) Interview with Sabeth Abilawa, General Manager DD on 6 February 2013. DD is currenty one of the biggest humanitarian NGO in Indonesia 34) See above n. 10 This potential of zakat is debatable. One research found very different outcome bz sazing that in fact zakat potential in Indonesia is onlz 19.3 Trillion Rupiah annually. This different findings is due to different method of calculation and research carried out by different organizations. 74 인도법논총 33호 sponsored zakat-regulation agency, is only 2.17 trillion (around 1% ). The biggest share of this market is claimed by Dompet Dhuafa with around 217 billions Rupiah collected annually from regular donation. Emergency appeals in response to a specific situation like Rohingya appeal is not included into its regular donation. Rumah Zakat, the second largest private charity, follows with around 150 billion Rupiah collected annually, while state-sponsored agency, BAZNAS, collects only around 40 billion35). The definition of beneficiaries is an important issue to be mentioned here as it leads to the important question of criteria, and, with it, the balance struck between Islamism and humanitarianism. In choosing to emphasize the needs of the umma or of human kind, Muslim humanitarian practioners are taking a position on the principle of universality of aid. According to Islamic law, zakat can only be distributed to eight type of beneficiaries (asnaf): the needy (fuqara), the poor (al-masakin), those whose just converted to Islam (muallaf), the bond person or slave (riqab), people in debt (gharimin), the wayfarer (ibn sabil), those who follow the way of God (sabilillah) and the zakat administrator (‘amil)36). Following this typology of beneficiaries, providing aid to non Muslim in post disaster situation, for example, would not be allowed. To find a way around the confessionalization of aid, practioners such as Sabeth Abilawa, a general manager of DD, have developed a sophisticated approach. While Muslim humanitarian organisations such as DD are bound by Islamic doctrines, they also have to follow universal principles of humanitarian help. In this negotiation, DD decided to create different pools of donations. Money collected from zakat donation will go to a specific zakat pool managed separately from infaq, sadaqah and other type of voluntary alms giving. In this way it is possible to make sure that different pools are available for any emergency situations everywhere in the country and abroad based on a purely need and priority assessment. During Wasior37) flash-flood, DD distributed assistance to this majority Christian region. On the other hand, the zakat pool keeps being managed according to Islamic canon for the perusal of eight types of beneficiaries. 35) Ibid 36) See Hilamn Latief, above n. 32 p. 13 37) A city in the West Papua province where the majority of its residence are Christians. What is Islamic Humanitarianism? An Indonesian experience 75 Regardless the fact that some other Muslim humanitarian organisations locally and internationally focus only for the agenda of helping umma rather than humanity, DD has proposed an original path in the midst of negotiation between Islamism and humanitarianism. In this experience, both Islamic values and universal principles, have dialectically shaped each other. 2. The ideology of charity Like their comrades at the global level, Muslim humanitarian NGOs in Indonesia can be differentiated into two streams: ‘umma-oriented’ organisations and ‘humanity-oriented’ ones. To borrow terminology proposed by Marie Juul Petersen in her dissertation38), these Muslim humanitarian organisations in Indonesia represents two different ideologies and approaches to charity. The one that embrace sacralised aid ideology while others belong to secularised aid ideology. Using four big humanitarian organisations, IIRO and IICO (International Islamic Charitable Organisation) Muslim Aid and Islamic Relief a as an example, Juul Petersen comes to conclude that the first two organisations “present a sacralised form of aid, resting on a very visible, all-encompassing organisational religiosity that influences all aspects of aid provision, centering on notions of Islamic solidarity in the umma and echoing core elements in the Islamic aid culture present a sacralised form of aid”39). On the contrary, the last two NGOs provide “a largely secularised form of aid, turning on notions of a universalist humanity and based on an almost invisible, compartmentalised religiosity relegated to clearly defined spaces of seasonal activities and personal motivation and without significance for other organisational activities, thus resonating with values in the culture of development aid”40) In Indonesia, DD and Muhammadiyah, among others, lean to be more humanity-oriented organisations even though umma jargon is still part of their campaign. Both of them are the initiators of the Humanitarian Forum Indonesia (HFI), a forum of humanitarian FBOs which includes World Vision and Church World Services Indonesia. As mentioned above, during emergencies, aid is delivered to the needy people based on need and priority. While beneficiaries are from every religious background, they also receive donation from non Muslims individuals or 38) Marie Juul Petersen, above n. 21, p.15 39) Ibid 40) Ibid 76 인도법논총 33호 organizations. Big companies like Astra, Holcim, and Bakrie Brothers as well as international humanitarian organizations either from the West or from the Middle East regularly donate to, and coordinate with, both DD and Muhammadiyah. In addition, non-Muslim individuals who contribute through DD or Muhammadiyah are driven by the transparent and credible record of these organizations in delivering aid to vulnerable people. Other Islamic humanitarian NGOs such as Bulan Sabit Merah Indonesia (BSMI) and Mer-C incline to be more umma-oriented even if they also make use of universal thematics in their campaign. I am not saying that these umma-oriented organizations do not carry out humanitarian works but rather that they simply emphasize Islamic solidarity, echoing Islamic interests and carrying a strong counter hegemony sentiment. In the case of BSMI, the organization has managed to attract some level of attention by advocating the replacement of the emblem for the national society, arguing that, as the largest Muslim country in the world, Indonesia should choose a crescent for its national society41). In this debate, largely confined to the elite and humanitarian professional circles, the religious dimension is a new addition as the word Palang (Cross) in Bahasa Indonesia, does not associate to any religious symbol (Christian) and is different from Christian cross called “salib”. Thus, for most Indonesian people, Palang Merah (Red Cross) mostly does not amount to a religious symbol. 3. Islam and IHL At the end of this overview it is also important to mention, although very briefly, the development in the legal realm of studies on Islam and international humanitarian law (IHL). As the primary mean of protecting specific categories of persons and buildings in armed conflict, international humanitarian law has received little scholarly attention in Indonesia, remaining mostly the concern of very limited circles within the national army, police, the ministry of foreign affairs, PMI (Indonesian Red Cross) and specialized academics. This topic is not yet part of the mainstream concern of Indonesian Muslim scholars. Sharia and law schools at Islamic universities, 41) For discussion on current debate on humanitarian emblem in Indonesia, see Hilam Latief, Symbolic and Ideological Contestation over Humanitarian Emblems: the Red Crescent in Islamizing Indonesia, Studia Islamika (2011) 18 (2). What is Islamic Humanitarianism? An Indonesian experience 77 for example, do not yet offer specific topic relevant to Islamic humanitarian Law in their curricula. While the interest on Islamic charity and humanitarianism is now growing among scholars, its legal aspect is still neglected. Furthermore, publications on the subjects are also very rare. No single book on as-siyar or international Islamic humanitarian law in Bahasa was publicly available until 2012. However, since 2003 and pursuant to its mandate to disseminate and develop IHL, the International Committee of the Red Cross (ICRC), took the initiative to socialize international humanitarian law and fundamental principles of the Red Cros and Red Crescent Movement beyond its traditional public towards Muslim civil societies. Discussions on the roots of humanitarian law have highlighted the fact that this law is a universally accepted set of rules reflecting the values of different civilizations, cultures and religious beliefs, in particular those of Islam, both as a religion and as a civilization boasting a complex and wide-reaching legal system. A series of international conferences took place in centers of Islamic knowledge, in Islamabad in 2004, Sana’a, Kabul, Qarawiyyin, Amman, Qom in 2006, Bamako in 2008 In Jakarta also, since 2010, the ICRC has initiated a dialogue on Islam and IHL encouraging comparative studies between Islamic jurisprudence and the Law of conflicts in a dynamic scientific relationship. These efforts came to fruition in 2012 when Mizan publishing (the biggest Muslim printing house in Indonesia) with the support from the State Islamic University and ICRC published a book under the titled ‘Islam dan Hukum Humaniter International’ (Islam and International Humanitarian Law)42). Originally written in Arabic and English and first published in Egypt in 2007 this book is a collection of essays written by Islamic scholars looking at subjects of shared interest, such as the concept of “Human dignity”, treatment of prisoners, etc. Ⅴ. Conclusion This paper has tried to clarify briefly what Islamic humanitarianism is from an Indonesian perspective. On one hand it showed that sometimes conflicting undercurrent of Islamism and 42) Ameur Zemmali (ed) Islam dan Hukum Humaniter International (2012) 78 인도법논총 33호 humanitarianism embedded in the idea of Islamic humanitarianism are being continuously negotiated. Some organisations put much gravity on the agenda of Islamism and, consequently, tend to interpret Islamic humanitarianism as ‘the kindness, benevolence and sympathy to promote umma welfare’. Other organisations have put emphasis on the agenda of humanity while saying that their works are influenced and rooted in Islamic values. On the other hand it shows that the mere concept of Universality in humanitarian affairs will only stand the test of Islamic humanitarianism if it manages to be open and inclusive, that is if it stays a dynamic process and do not take refuge in dogmatism. What is Islamic Humanitarianism? An Indonesian experience 79 ABSTRACT What is Islamic Humanitarianism? An Indonesian experience. Zezen Zaenal Mutaqin, SH.I, LL.M State Islamic University (UIN) Jakarta, School of Syaria and Law Islamic humanitarianism’ has been gaining more popularity in the last ten years. The reason is that not only because the majority of aids are delivered to Muslim countries but also because humanitarian agencies, both official and civil society, are growing incredibly in the Muslim world. However, despite its popularity, many people still do not have any clear definitions or understandings about it. After 11 September, Islamic humanitarianism even sometime confused with Islamic radicalism, while others see it as Islamic proselyntism or missionary, and because of that it has gained bad image especially among non-Muslim world. Indeed, to say Islamic humanitarianism we have to deal with a somehow confused and contradictio in terminis concept. Is it possible to become humanitarian and Islamic at the same time? The word ‘humanitarian’ means “concerned with or seeking to promote human welfare”. Talking about human is talking about human being as human, regardless their races, colours, nations and religions. Humanitarian also understood as “an ethic of kindness, benevolence and sympathy extended universally and impartially to all human beings”. Then we attach “Islamic” to the word “Humanitarian” which functioned as a limit to its universality. So what it does means? Is it means that the kindness, benevolence and sympathy to promote human welfare only for fellow Muslims? Or is it means the ethic of humanitarianism that rooted in Islamic teachings? Are there any others definitions? This paper is designed for Korean readers as an overview introduction to clarify this concept. 80 인도법논총 33호 To do that, this paper will employ basic Islamic doctrinal references as well as relevant contexts illuminating the rise of Islamic humanitarianism such as philosophical debate on universalism versus culturalism in humanitarian field and the counter hegemony sentiment. Adding to that, this paper will also relate to the contemporary development of Islamic humanitarianism in Indonesia to give a more clarity.